18 AAC 52.035 - I/M program administered by an implementing agency

(a) A municipality may not implement or administer an I/M program without department approval. The department will approve a program that

(1) establishes an I/M office that meets the requirements of 18 AAC 52.010(1) and (3) - (9); and

(2) meets the requirements of this section.

(b) An implementing agency shall authorize the issuance of a certificate of inspection for a motor vehicle that passes an I/M program conducted as required by this section. Subject to department approval, an I/M program may be limited to certain model years and categories if the implementing agency shows

(1) that the I/M would be adequate for a cost-effective system; and

(2) that, notwithstanding the limitation to certain model years and categories, the I/M program would meet or exceed the level of emissions control provided under this chapter.

(c) An implementing agency shall adopt the

(1) calibration and quality control procedures for an EIS and test equipment in 40 C.F.R. 51, Appendix A to Subpart S, as revised as of July 1, 1999, adopted by reference;

(2) emissions testing procedures in 40 C.F.R. 51, Appendix B to Subpart S, as revised as of July 1, 1996, adopted by reference; and

(3) EIS and test equipment specifications in 40 C.F.R. 51, Appendix D to Subpart S, as revised as of July 1, 1999, adopted by reference.

(d) To ensure that its I/M program meets or exceeds the performance standard achievable under the model I/M program described in this subsection, the implementing agency shall use a mobile source emission factor computer program as required by 40 C.F.R. 51.352(d), as revised as of July 1, 1996, adopted by reference, to determine the projected emissions level of its I/M program and then compare that level with the performance standard. The performance standard is expressed as the average emissions level in grams of carbon monoxide emitted per mile traveled by all gasoline-fueled mobile sources in an I/M area, calculated using a mobile source emission factor computer program as required by 40 C.F.R. 51.352(d) (1996), adopted by reference. The model I/M program includes the following features:

(1) centralized testing;

(2) biennial exhaust emissions testing at curb idle of 1968 and later model year light-duty vehicles;

(3) a 20 percent exhaust emissions failure rate for pre-1981 model year vehicles;

(4) a zero percent waiver rate among vehicles failing the initial inspection; and

(5) a 100 percent compliance rate among all vehicles subject to the program.

(e) An implementing agency that is a municipality operating an I/M program shall submit an implementation plan for department approval. The plan must include

(1) steps to achieve a program as effective as the model program described in (d) of this section;

(2) a program manual that contains specifications and procedures that are at least equivalent to those

(A) required under this chapter, including any program features additional to those features described in the model program described in (d) of this section; and

(B) in the program manual adopted by reference in this chapter, including any program features additional to those features described in the model program described in (d) of this section;

(3) written policies and procedures for

(A) certification of mechanics, inspection and repair stations, and equipment, in accordance with 18 AAC 52.095;

(B) achieving maximum compliance of vehicles subject to the program, including vehicles commuting into the I/M area and vehicles operated at federal facilities in the I/M area;

(C) use of replacement parts and engine changes in vehicles subject to the program;

(D) a quality assurance program to review the performance of certified mechanics and stations;

(E) an enforcement program that is at least as stringent as the one described in 18 AAC 52.100, and a quality control program to achieve maximum compliance by motorists;

(F) an enforcement program at least equivalent to that described in 18 AAC 52.105, to ensure mechanic and station compliance with the program;

(G) emissions testing, visual and functional checks of vehicles, inspections using OBDII systems of applicable vehicles, and repair of emissions-related defects by certified mechanics and stations;

(H) the collection and analysis of inspection data;

(I) providing assistance, through the documentation of vehicle malfunctions, to motorists who have warranty claims with manufacturers;

(J) the operation of a referee facility to verify and document tests and repairs performed by certified mechanics or stations, and to otherwise carry out the functions described in 18 AAC 52.070; and

(K) providing technical assistance to certified mechanics, the repair industry, and motorists in diagnosing and repairing emissions-related defects; and

(4) verification of adequate funding and personnel to properly administer the program.

(f) A municipality that seeks to implement an I/M program or to amend an I/M program previously approved by the department shall submit to the department for approval an implementation plan and schedule that meet the requirements of (e) of this section. A municipality seeking approval of an implementation plan or an amendment shall submit the proposed plan or amendment to the department at least one year before the proposed implementation date and shall include a schedule for implementing the plan or amendment by the proposed date.

(g) The implementing agency shall ensure that certified mechanics and certified stations meet the requirements of this chapter, and that I/M inspections are performed only by certified mechanics.

(h) An implementing agency shall conduct enforcement, quality assurance, and quality control programs as described under this section to ensure that inspections and repairs are properly performed by certified mechanics and that motorists are in compliance with program requirements.

(i) An implementing agency shall allow a certified station to determine whether Parts IV and V of the program manual allow the use of an aftermarket part in an I/M area.

Notes

18 AAC 52.035

Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161

As of Register 180 (January 2007), the regulations attorney made a technical revision under AS 44.62.125(b)(6) to 18 AAC 52.035(d) (2).

Authority:AS 46.03.020

AS 46.14.010

AS 46.14.030

AS 46.14.510